Smith v. Allendale Mutual Insurance

(for affirmance in Smith and reversal in Sabraw). The question presented concerns the liability of a fire insurer to employees of its insured for injuries sustained as a result of fire hazards not detected and brought to the insured’s attention as a result of the insurer’s inspections of the insured’s premises.

Defendants insured the premises where plaintiffs 1 or their decedents were employed against losses from fire. The insurers regularly inspected the premises for fire hazards.

Plaintiffs or their decedents sustained accidental injuries in the course of their employment on the insured…